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المؤلفون: Maugeri, Anna Maria
مصطلحات موضوعية: Towards the full affirmation of the culpability principle as a fundamental right in European criminal law, despite some hesitation. The principle of culpability is a fundamental principle of criminal matters in a rule of law, as stated in the doctrine, but despite the European Court of Human Rights and the Court of Justice have assumed a key role in the recognition of fundamental rights in European law, which despite contradictory and critical issues, based on respect for human dignity and a model of democratic state of law, due to its lack of provision both in the ECHR and in the Charter of Nice. The article describes the case law of the European Court HR and the Court of Justice on the subject, Towards the full affirmation of the culpability principle as a fundamental right in European criminal law, despite some hesitation. The principle of culpability is a fundamental principle of criminal matters in a rule of law, but despite the European Court of Human Rights and the Court of Justice have assumed a key role in the recognition of fundamental rights in European law, this principle has struggled to assert itself, due to its lack of provision both in the ECHR and in the Charter of Nice. The article describes the case law of the European Court HR and the Court of Justice on the subject, as well as the EU legislation on punitive administrative sanctions and more – as interpreted by the CJEU –, which despite contradictory and critical issues, is leading to the affirmation of this principle of legal civilization, functional to the respect of the rehabilitation function of the punishment, as stated in the doctrine, the time is ripe for the principle of culpability to represent a fundamental right of the European Union, based on respect for human dignity and a model of democratic state of law, as well as the EU legislation on punitive administrative sanctions and more – as interpreted by the CJEU –, functional to the respect of the rehabilitation function of the punishment, the time is ripe for the principle of culpability to represent a fundamental right of the European Union, this principle has struggled to assert itself, is leading to the affirmation of this principle of legal civilization